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IN RE RICHARD

Bankruptcy No. 11-40333-MSH. Adversary No. 11-4024.

460 B.R. 355 (2011)

In re Dennis J. RICHARD, Amy Richard, Debtors. David M. Nickless, Trustee, Plaintiff v. Bayview Loan Servicing, LLC, Defendant.

United States Bankruptcy Court, D. Massachusetts, Central Division.

October 24, 2011.

Attorney(s) appearing for the Case

James O'Connor , Fitchburg, MA, for David M. Nickless, Chapter 7 trustee.

Richard Demerle , Boston, MA, for Bayview Loan Servicing, LLC.

MEMORANDUM OF DECISION ON DEFENDANT'S MOTION TO DISMISS

MELVIN S. HOFFMAN, Bankruptcy Judge.

Before me is the defendant Bayview Loan Serving, LLC's motion to dismiss the trustee's three-count complaint. In the complaint the trustee seeks to avoid or subordinate a first mortgage that has been assigned from the original mortgagee to Bayview.

Facts

The facts are drawn from the complaint and, except for certain inferences which must be drawn...

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